A lawyer shall avoid testifying for a client

Rule 12.08
- A lawyer shall avoid testifying in behalf of his client, except:(a) on formal matters,
such as the mailing, authentication or custody of an instrument, and the like; or(b)
on substantial matters, in cases where his testimony is essential to the ends of
justice, in which event he must, during his testimony, entrust the trial of the case to
another counsel.
The rule prohibits the practice of the lawyer taking the witness stand and asking
questions to him and answering them as a witness.
While the law does not disqualify a lawyer from being a witness and an advocate at
the same time in a case, the practice is violative of the rule on professional conduct.

It would also be improper for a lawyer to accept employment in a case where it

would be his duty to attack the testimony to be given by his partner on behalf of the
opposite side.

The underlying reason for the impropriety of a lawyer acting in such dual
capacity:

O The function of a witness is to tell the facts.

O The function of an advocate is that of a partisan.

It is difficult to distinguish between the zeal of an advocate and the fairness and
impartiality of a disinterested witness.

It is hard to disassociate his relation to his client as an attorney and his relation to
the party as a witness.
D. AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE COURT
CANON 13

- A lawyer shall rely upon the merits of hiscause and refrain from any impropriety
which tends toinfluence, or gives the appearance of influencing thecourt.
Rule 13.01
- A lawyer shall not extendextraordinary attention or hospitality to, norseek
opportunity for cultivating familiarity withJudges.
Rule 13.02
- A lawyer shall not make publicstatements in the media regarding a pendingcase
tending to arouse public opinion for oragainst a party.
Rule 13.03
- A lawyer shall not brook or inviteinterference by another branch or agency of the
government in the normal course of judicial proceedings.
A lawyer should rely on the merits of his case

CANON 13
- A lawyer shall rely upon the merits of his cause and refrain from any impropriety
which tends to influence, or gives the appearance of influencing the court.

Improper acts lessen the confidence of the public in the impartial administration
of justice and should be avoided.
A lawyer shall not extend hospitality to a judge
Rule 13.01
- A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.

The unusual attention may subject both the judge and the lawyer to suspicion.

O The common practice of some lawyers making judges and prosecutors godfathers
of their children to enhance their influence and their law practice should be avoided
by judges and lawyers alike.

O A lawyer should not see a judge inchamber and talk to him about a case he
ishandling
and pending in the judges court
.
O A lawyer should not communicate to the judge the merits of a pending case.
A lawyer shall not publicly discuss pending cases
Rule 13.02
- A lawyer shall not make public statements in the media regarding a pending case
tending to arouse public opinion for or against aparty.

Newspaper publications by a lawyer concerning pending litigation may interfere

with a fair trial and prejudice the impartial administration of justice.

The restriction, however, does not prohibit issuance of statements made by public
officials charged with the duty of prosecuting or defending actions in court.

However, such statements should avoid any statement of fact likely to create an
adverse attitude in the public mind.

CHAPTER 6: NATURE AND CREATION OFATTORNEY-CLIENT RELATIONSHIP

CANON 14
. A lawyer shall not refuse his services to the needy.
Rule 14.01. A lawyer shall not decline to represent a person solely on account of
the latters race, sex, creed or status of life, or because of his own opinion regarding
the guilt of said person.
Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amici curiae, or a request from the
Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03. A lawyer may refuse to accept representation of an indigent client if: a.
He is not in a position to carry out the work effectively or competently; b. He labors

under a conflict of interests between him and the prospective client or between a
present client and the prospective client.
Rule 14.04. A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct governing his
relations with paying clients.
A. NATURE OF RELATION
Nature of client relationship, generally
Historically, the nature of lawyer-client relationship is premised on the Roman Law
concepts of location conduction operarum (contract of lease of services) and
mandato (contract of agency)
In modern day, an attorney is more than a mere agent or servant because he
possesses special powers of trust and confidence reposed on him by his client.
The lawyer is also as independent as a judge, with powers entirely different from
and superior to those of an ordinary agent. Moreover, he is an officer of the court.
The relation of attorney and client is
strictly personal and highly confidential.
Its creation breathes life to the rules and ethics of the legal profession and
requires of an attorney who accepts a retainer a high standard of conduct and an
appreciation of his duties to his client, to the court, to the bar, and to the public.
Relation as strictly personal
The relationship involves mutual trust and confidence to the highest degree.

The personal character of the relation prohibits its delegation in favor of another
attorney without the clients consent.

What may not be delegated: The relationship itself.

It also terminates upon the death of either the client or the attorney.

The deceased attorneys personal representative has no right to assign pending

cases to a counsel of his choice. Such matter is for the client to decide.

A client can terminate the relationship at anytime with or without cause.

An attorney, however, being an officer of the court, enjoys no similar right. He

may be permitted to withdraw from the case only with the consent of the client or
that of the court.

Only a proper sense of detachment will enable the attorney to adequately serve
the interest of his client.

The personal relation does not require an attorney to adopt as his own, the
troubles of his client for he is likely to lose his composure and equanimity.

It is advisable for a lawyer who is a party litigant not to appear for himself or for a
close relative.

His personal involvement may blur his sense of duty and purpose and affect his
performance, to his or the clients detriment.

In that situation, he should ask another lawyer who can act with more detachment
and less emotional involvement to undertake the active prosecution or defense of
the case
Relation as fiduciary and confidential

The relation is highly fiduciary in nature and of a very delicate, exacting, and
confidential character.

It demands undivided allegiance, a high degree of good faith, disinterestedness,

candor, fairness, loyalty, fidelity, and absolute integrity in all his dealings with his
clients andutter renunciation of every personal advantage conflicting with the
interest of his client.

His responsibilities to his client should, however, be reconciled with his duties to
the court. Each of them requires fidelity and loyalty in varying degrees within limits.

Deviation from such limits may invite the exercise of disciplinary power by the
court.
Rules protective of relation
The preservation and protection of that relation will encourage a client to entrust
his legal problems to an attorney, which is of paramount importance to the
administration of justice.

Rules promulgated, in the nature of injunctions peculiarly addressed to an

attorney:
1.To exert his best effort and learning in the protection of the interest of his client;
2.To promptly account for any fund or property entrusted by or received for his
client;
3.Not to purchase or acquire, any property or interest of is client in litigation;
4.To forever keep inviolate his clients secrets or confidence, and not to abuse
them;
5.Not to represent a party whose interest is adverse to that of his client even after
the termination of the relation.

The Supreme Court requires strict obedience to those rules and subjects the
attorney to discipline and administrative liability for inexcusable breach thereof to
protect the public, the court, and the client from dishonesty and incompetence of
unfaithful lawyers.